News & Analysis as of

Liquor

State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

by Farrell Fritz, P.C. on

The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when...more

Opening a Restaurant in New Jersey – A Liquor License Q & A

by Cole Schotz on

If you have plans to open a restaurant in New Jersey and would like to serve alcohol, you should be aware of the longstanding rules related to liquor licenses. Most New Jersey municipalities are not able to issue new liquor...more

News from Second and State

Weekly Wrap - Pennsylvania’s budget deadline is just about two months away, and the General Assembly got to work this week positioning bills that could eventually be used as part of a 2017-2018 state spending plan....more

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

by Holland & Knight LLP on

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Texas Court of Appeals Hands Down Instructive Administrative Law Opinion

by McDermott Will & Emery on

A recent Texas Court of Appeals decision, EATX Coffee, LLC v. Texas Alcoholic Beverage Commission, provides an important reminder of how principles of administrative law may check the current trend towards “regulation by...more

Pennsylvania Poised for Round Two of Liquor Reforms

by McNees Wallace & Nurick LLC on

Both the Senate and House have passed House Bill 1196 and, based on indications from the Governor, he is expected to sign the bill into law. HB 1196 marks another round of sweeping liquor law reforms that will bring...more

On the Cusp of Another Round of Alcohol Changes in Pennsylvania

by Pepper Hamilton LLP on

After a busy few months following the first major overhaul of Pennsylvania's Liquor Code since the end of Prohibition, the state is poised to extend its streak of liquor reform. With the passage of House Bill 1196 by both the...more

Pennsylvania Liquor Control Board Releases Guidance for Licensees Looking to Sell Wine-to-Go

Recently, the Pennsylvania Liquor Control Board released the “Licensee Guide for Wine-to-Go Sales” that can be found here. The guide provides information on licensing and permits, product selection, assortment/demand...more

OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)

The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address...more

RAMP Under Act 39 of 2016: Who is Required to Complete Server/Seller Training

As you may be aware, Act 39 of 2016 (“Act 39”) took effect on August 8, 2016, and it brought with it much confusion with regard to the many aspects of the Liquor Code. One area that has brought the most confusion is with Act...more

Uncorked: Act 39 of 2016 Expands Wine Sales in Pennsylvania

by K&L Gates LLP on

Pennsylvania wine enthusiasts rejoiced when, on June 8, 2016, Governor Tom Wolf signed into law PA House Bill 1690, now known as Act 39 of 2016 ("Act 39"). Act 39 made sweeping changes to Pennsylvania's Liquor Code, loosening...more

Convenience Stores and Grocery Markets: Are You Ready to Sell Wine To Go?

As many Pennsylvania residents are now aware, on June 8, Governor Tom Wolf signed House Bill 1690 into law. More commonly known as Act 39, it becomes effective just days away – on August 8....more

Liquor Control Board Weighs in on Alcohol Law Changes in Pennsylvania

by Pepper Hamilton LLP on

Of particular interest to Pennsylvania residents and those doing business in the Commonwealth is the focus on expanding the location and availability of alcohol beyond traditional licensees. A month after Act 39 of 2016...more

What You Need to Know About the New Liquor Law

by Barley Snyder on

The law removes certain restrictions on the hours during which Pennsylvania Liquor Stores can sell alcohol, instead giving the Board the discretion to determine the appropriate hours for retail sales. For example,...more

Pennsylvania Revisits its Age-Old Liquor Laws

by Saul Ewing LLP on

On June 8, 2016, Pennsylvania Gov. Tom Wolf signed a bill into law that will broaden the liquor laws in the state. Scheduled to go into effect in early August 2016, the bill contains something for a broad range of...more

Less Whine, More Wine: HB 1690 Loosens Restrictions on Direct to Consumer Shipping for Wineries

On June 13, 2016, Governor Wolf signed into law House Bill 1690, which is considered one of the more significant liquor reform bills in Pennsylvania since Prohibition. Today’s blog is a continuation of our series that...more

New Pennsylvania HB 1690: The Cidery Dilemma

As promised, I will continue to outline nuances of the new changes to the Pennsylvania Liquor Code and choices that consumers, manufacturers, wholesalers and retailers can make. HB 1690 will become effective in early August...more

Big Changes Coming to Pennsylvania's Alcoholic Beverage Market

by Pepper Hamilton LLP on

On June 8, Pennsylvania Governor Tom Wolf signed into law the first major overhaul of the Commonwealth’s Liquor Code since the end of Prohibition. Wolf heralded the measure as enhancing customer convenience while providing...more

Proposed New North Carolina Law Would Allow Distilleries to Sell Direct to Consumers Outside the State at the Distiller’s Price

by Williams Mullen on

North Carolina House Bill 169, the Regulatory Reduction Act of 2016, proposes to authorize North Carolina distilleries to “better complete nationally and internationally” through two important changes: (1) increasing the cap...more

Christmas Comes Early for the Pennsylvania Liquor Industry: Governor Wolf Signs Liquor Modernization Bill into Law

Christmas has come early in 2016 for the Pennsylvania wine, liquor and malt or brewed beverage industry: on June 8, Governor Tom Wolf signed House Bill 1690 in law. While the bill does not provide for the privatization of the...more

Worth Another Look: Liquor Reform

Much to the frustration of Pennsylvania liquor consumers, wine and spirits are only available for purchase at state-run liquor stores. The system, often described as irritating, antiquated and inconvenient, has been at the...more

Cook County Circuit Court Dismisses 201 False Claims Act Lawsuits

by McDermott Will & Emery on

At a hearing yesterday, Cook County Circuit Judge James Snyder granted the State of Illinois’ (State) Motion to Dismiss 201 Illinois False Claims Act (FCA) cases filed by the law firm of Stephen B. Diamond, PC (Relator)...more

Discounting Alcoholic Beverages

Happy hours, daily drink specials, and promotions are popular incentives used by retail licensees to attract business, remain competitive, and satisfy their customers’ expectations. In implementing these practices, however,...more

A Signed Declaration Of Age Card Is Not The Only Defense To Prosecution For Selling Alcoholic Beverages To A Minor

by Tucker Arensberg, P.C. on

The verification process of having purchasers complete a declaration of age card is overly burdensome on the licensee, especially at busy nightclubs, taverns, and restaurants. The licensee must weigh valid customer demands...more

Closing Time: Liquor License Considerations in Hospitality Transactions

In today’s increasingly competitive hospitality market, the closing timeframe of sophisticated hospitality transactions has become a significant point of negotiation between sellers and purchasers. One factor that frequently...more

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